Over the years, I’ve
have had the opportunity to work on the issue of conformity quite a bit.Having chaired this subcommittee during
TEA-21, I worked to ensure that states had the tools necessary to meet the
requirements in the Clean Air Act.Working with Senator Bond, this committee gave States the flexibility to
demonstrate conformity once an area may be newly designated as being in
non-attainment.These new
non-attainment areas were given a one-year grace period to demonstrate
conformity avoiding the immediate risk of losing critical funding for highway
projects.

More recently, having served as Ranking Member for the
Transportation and Infrastructure Subcommittee, I, again, had the opportunity
to work closely on the issue of conformity by working to ensure that requirements
of the Clean Air Act and the transportation needs of States and communities do
not run in conflict with each other.

Today, conformity remains a major issue.It is crucial that the important goals of
conformity remain a top priority of the work of this committee.We must work to ensure that rather than
being a process driven issue, conformity will be about striking the right
balance between transportation needs and improving air quality standards, and allowing
communities the flexibility to achieve both.

I am pleased to report to this Committee that currently
Oklahoma is fully in attainment.However,my home town of Tulsa
may soon face issues with ozone attainment with the adoption of the new
standards.I have invited Mr. Jerry
Lasker here today representing the MPO for Northeastern Oklahoma.I understand that Tulsa is working on an
“early action compact” to avoid a non-attainment designation.I look forward to hearing Mr. Lasker’s
testimony today on this “compact.”I
wanted to highlight the “early action compact” because it is just another
example of flexibility for States to meet air quality and transportation
needs.Programs like early action
compacts should shape our frame of mind in considering issues of conformity and
attainment.

Nevertheless, there are currently 196 counties in
non-attainment for ozone.However,
under the new standards, there will be 291 counties in non-attainment for
ozone.In reality, this figure will be
much, much higher because counties that are on the boarders of these new 291
non-attainment counties will be also placed in non-attainment.With this many more areas in non-attainment,
these “early action compacts” could be more important than ever.Regardless, these attainment problems around
the country are the makings of a “perfect conformity storm.”Therefore, we must take a very close look at
the issues surrounding conformity.

2.Ensuring that
governmental agencies and MPO’s have more flexibility on conformity; and

3.A greater
degree of predictability on the conformity process for the private sector.

Under the same principle of
flexibility, CMAQ was designed to give States flexibility to tailor projects to
meet attainment with NAAQS.With
ISTEA’s and TEA-21's authorization of CMAQ funds, we now have a number of years
of experience to evaluate the value of CMAQ funding to States.With that information and National Academy
of Sciences Report 264, it is important that this committee consider the future
of CMAQ as to how best to enable States to meet air quality attainment.

One last item: I would like to
submit for the record testimony from the National Association of
Homebuilders.I think Members and staff
would benefit from NAHB’s interesting perspective on the issues of conformity
and CMAQ.

I look forward to hearing from our
witnesses today, and, again, would like to welcome Mr. Lasker and thank him for
coming all the way to Washington from Oklahoma to help educate the Committee on
these issues.